This website uses cookies to ensure you have the best experience. Learn more

Explain Why The Adversary System Of Trial Is The Best System For Achieving Justice In Criminal Trials?

1168 words - 5 pages

Explain why the adversary system of trial is the best system for achieving justice in criminal trials?The adversary system of trial is the best system for achieving justice in criminal trials for a number of different reasons. The use of a jury, the standard of evidence relied upon and the standard of proof, the cross-examining of witnesses and the ability to plead guilty, contribute greatly to reaching justice in the adversary system. They are all reasons which help the adversary system in accomplishing fairness in criminal trials. The adversary system is a feature of the common law system and was brought to Australia with England. It has adapted to the Australian legal system. It is a ...view middle of the document...

The standard of proof and evidence that the adversary system employs are among the factors that make it the best system for achieving justice in criminal cases. Evidence is such an important factor because often it can determine cases and the outcome of the case. For example, if there is not enough evidence presented in a committal hearing for a serious criminal offence then the case is dismissed. However, if the magistrate decides that there is enough evidence, then the "…case is referred to a higher court for trial." With this in mind, evidence helps to achieve justice as enough of it and the presentation will allow the prosecution to prove that the accused is guilty of the actions they are claiming the other party to have done. This also works on the other hand, if the defendant is trying to prove their innocence, evidence can assist them in proving to the jury their innocence. If they are able to prove to one person that they are innocent, then they will be able to win their case. Thus, evidence plays an important role in the way that the adversary system of criminal trial is able to achieve justice.The cross-examination of witnesses in the adversary system helps to make it a great system for achieving justice in criminal trials. This is an important aspect of adversary systems as it allows evidence to be used in a correct manner. This also allows for evidence that is false or misleading to be brought to light and dismissed. In some cases, the cross-examining of witnesses allows for evidence to be brought forward that was not available earlier. This can be through statements that witnesses may give. For example, a person who has omitted some small fact or matter because they thought it was irrelevant, cross-examining that person could bring the matter up and could lead to proof being found out about something that was uncertain previously. This is good for both the defendant and the prosecution as it allows both sides to contest evidence that is being presented and also to gather points for their own case. Therefore, the defendant has the chance to prove their innocence and the prosecution will also have the...

Other Essays On Explain Why The Adversary System Of Trial Is The Best System For Achieving Justice In Criminal Trials?

The Evolving Criminal Justice System - Saint Xavier University, Criminal Justice 101 - Research paper

4498 words - 18 pages The Evolving Criminal Justice System The Evolving Criminal Justice System Vanessa Acevedo Criminal Justice 101 Dr. Crump 12/8/2017 The Evolving Criminal Justice System The criminal justice system is complex and forever transformationally expanding subject that will most likely never remain static for long. The existing field of criminal justice aids our society and improves it in numerous ways and over the course of over 400 years, the system

Is Racism in the Justice System - saint leo university - essay

2668 words - 11 pages innocent. It should not be used as a means of gaining social control. There are two issues that I would like to address pertaining to the criminal justice system. The first issue is racial profiling. As defined, it is the use of race or ethnicity as grounds for suspecting someone of having committed a crime. It is the key factor in helping a cop decide whether to engage in enforcement. It is merely a new politically correct name for racism. Racial

Restorative justice has re-centre the criminal justice system around the victim - criminology - essay

1240 words - 5 pages Critically evaluate: Restorative justice has re-centred the criminal justice system around the victim The dictionary definition of the criminal justice system (CJS) states, the CJS is the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing and punishing those who are suspected or convicted of criminal offences (English Oxford Dictionaries, 2018). Before 1964 the CJS in the United Kingdom (UK

Assess the effectiveness of the criminal investigation process as a means of achieving justice - Legal Studies - Essay

947 words - 4 pages victim and the community. Abuse of Police Powers P1 The effectiveness of the criminal investigation process in achieving justice is often undermined by the abuse of police powers, whilst in some instance they are effective in obstructing injustice from prevailing they’re widely critised for their abuse. · Legislative measures outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 NSW has outlined the limitations of police power

Jim Crow and the Criminal Justice System - Afro-American Studies 236 - Research Paper

2899 words - 12 pages towards creating a justice system that is truly equal for all people. Annotated Bibliography 1. Reinka, Mora A., and Colin Wayne Leach. “Race and Reaction: Divergent Views of Police Violence and Protest Against.” Journal of Social Issues, vol. 73, no. 4, 2017, pp. 768–788., doi:10.1111/josi.12247. In this article they reviewed a poll as well as did their own experiments to prove that there is a racial divide in attitudes towards the police and protests

Juvenile detention in the u.s court system - Criminal Law - essay

1144 words - 5 pages 1 Juvenile Detention Facility Matthew Marin Juvenile Justice Systems Prof. Watson The Criminal justice system is the headline in every country in today’s age. We notice a trend of when we used to do certain things up till today where we continue to do it or we have simply changed it and disregarded it. As years go by, people evolutionize, technology is at its peak moment. But one thing remains mostly the same, simply because we still have not

Why Plea Bargaining Is Necessary For Court System To Function

1426 words - 6 pages The Importance of Plea Bargaining in Criminal TrialsScreeech! That is the sound of our court system coming to a grinding halt, if plea bargaining were no longer utilized. Not only does plea bargaining save taxpayers an enormous amount of money, it often provides the evidence for a conviction and allows public defenders and other court officials to concentrate their limited resources on more important or difficult cases. Some people may believe

The Impact and Prevalence of Mental Health on Youth in the Juvenile Justice System - Mental Health - Research Paper

1604 words - 7 pages meet the criteria for a mental health disorder (Underwood, 2016) Unfortunately due to a shift in the way the juvenile justice system is handling the treatment of the convicted, individuals with mental health disturbances are receiving inadequate care and more likely than not- causing the individuals to reoffend and end up in the adult criminal justice system. There is a rising need for the re-evaluation of proper screening, evaluation and

Adversarial & Inquisitorial System Of Trial - Legal Studies - Essay

911 words - 4 pages Inquisitorial vs Adversarial System of Law (Which do you think is most effective for justice in the community?) Whilst the inquisitorial system is effective for justice, adversarial system of trial tends to be more effective to achieve justice in the community. Systems of trials can both differ in many ways, they have their advantages and disadvantages. In most common law countries such as United States of America, England, Wales as well as

Canadian Legal System- Restorative Justice

2228 words - 9 pages reasons. Criminals have been punished to varying degrees in many countries for many years without the success that is expected. If harsher problems such as capital punishment, incarceration, electrical monitoring etc were successful at deterring crime why do so many criminal offend again and again? Why does crime continue to be such a major problem in Canadian society? In addition to these questions; conventional forms of Punishment are

Police brutality and why it happens - Criminal justice - Assignment

1166 words - 5 pages Behind Police Brutality: Public Assent To the extent that language provides cues for behavior, the orders that American governors, mayors, police chiefs and block association presidents have been giving cops on the beat in big cities over the past few years are unambiguous. As James Alan Fox, dean of the College of Criminal Justice at Northeastern University, notes, these officers have been told that they form the front line in a "war" on crime

Similar Papers

This Is About Ethical Issues Handled Within The Criminal Justice System Criminal Justice Essay

724 words - 3 pages tactics like striking maneuvers. This situation could be for instance, an uncontrolled protest. The last step is, assaultive potential serious bodily harm. Officers can use deadly force in this situation, as needed to protect himself and others. This could be for example, a school shooting putting many people at risk. These five steps are known as force continuum, a scale of force alternatives, to mediate the level of response used in a given

Criminal Justice System Essay

1288 words - 6 pages of a jury and turn our criminal justice system into a cesspool.Any police officer will tell you that criminals lie just about all the time, even when they have no need to. They will say anything that will advance their cause and lessen their punishment and waiting in the wings is your friendly prosecutor ready to cut a deal. A law prohibiting convicted felons from testifying in a court of law, except when it relates to their own case, would stop

Ethical Violations In The Criminal Justice System University Of Phoenix Cjs211 Essay

896 words - 4 pages instance where there was an ethical violation resulting from actions of employees in the criminal justice system. Criminal Civil Rights Violations The story researched for the purpose of this paper is entitled “Former East Haven Police Officer Sentenced to Five Years In Prison For Criminal Civil Rights Violations.” This article was written in 2014. The officer in question is 30-year old Dennis Spaulding, formerly of the East Haven Police Department in

Children And The Criminal Justice System Law Essay

2202 words - 9 pages Children and the Criminal Justice System. Children Act, 2001 – · Became law in July 2001. Children in conflict with the law should only be detained by the state as a last resort. · There are many community based measures which must be explored and exhausted before detention can be considered. · What is a Minor – Section 3 Children Act 2001 – “child” means a person under the age of 18 years; (Removes any distinguishing classes of children e.g